Real Estate Litigation 2019

Product Type: Course

This course has no current sessions.

DescriptionMore DetailAgenda

The law of the land—litigating real estate disputes!

—Rebroadcast—
Last Kick at the Can 2020
Wednesday, December 9, 2020
9:00 am – 4:00 pm via webinar

(Original Course Date: November 29, 2019)

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Who should attend: All lawyers with a practice in real estate; this course will also be of interest to notaries public who do conveyancing

Learning level: Intermediate

This course focuses exclusively on real estate litigation. Of interest to civil litigators and real estate practitioners alike, this program covers a broad range of current issues, from preserving property once the claim is filed, to specific performance, to tracing funds and trust claims, to limitation periods and mortgage claims.

Experienced counsel will provide an overview of the law, take you through real life examples and discuss best practices so that you can confidently guide your client through the litigation process.

If you practice in this area or are considering expanding your real estate or litigation practice, you do not want to miss this unique educational and networking opportunity.

Learning objectives:

learn about problems and pitfalls that arise with poorly drafted contracts of purchase and sale
learn how to effectively utilize the set of litigation tools that apply uniquely to land
learn about remedies that apply to real estate proceeds when there is litigation
learn about current developments around seller repudiation and partition applications
learn about the status of positive covenants and their enforceability
learn about recent case law around mortgages

Will you be ready when your client's real estate matter starts tilting towards litigation?

Course Chairs
Simon R. Coval — Fasken Martineau DuMoulin LLP, Vancouver
Layne Hellrung — Fasken Martineau DuMoulin LLP, Vancouver

Law Society of BC CPD Hours: This rebroadcast has been edited, reducing runtime. A bonus presentation is included to ensure you receive the same or more CPD hours as the original course.	CPD Hours	Ethics* Hours
Watch Real Estate Litigation 2019 ONLY	5.50	1.0
Watch Real Estate Litigation 2019 and bonus video Managing Anxiety in a Time of Uncertainty	6.50	2.0
*"Ethics" refers to professional responsibility and ethics, client care and relations, and/or practice management credit

Reduced Pricing To support you during COVID-19, CLEBC is offering reduced pricing for courses.
Pricing Last Kick at the Can 2020
Rebroadcast	$518 $439
Rebroadcast Articled Student	$259.50 $219.50
Experiencing financial hardship due to COVID-19? You may be eligible for further reductions in our course prices. Please contact Customer Service for more information. Registration includes an electronic copy of the reference materials. *Please note:* The CPD hours of the rebroadcast will either meet or exceed the CPD hours of the original live course.

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CLEBC Program Lawyer*
Raymond Lee
rlee@cle.bc.ca
*non-practising

Course Chairs
Simon R. Coval — Fasken Martineau DuMoulin LLP, Vancouver
Layne Hellrung — Fasken Martineau DuMoulin LLP, Vancouver

About the Course Chairs

Simon Coval is a partner with Fasken Martineau DuMoulin LLP in Vancouver and is the firm's Manager of Commercial Litigation and Dispute Resolution Group. A frequent lecturer and instructor on commercial litigation, his broad commercial practice has a particular focus on business disputes involving: contracts, economic torts, real estate, commercial leases, companies and partnerships, civil fraud and white-collar crime, and injunctions.

Simon has been selected by Best Lawyers in Canada for Corporate and Commercial Litigation and rated ''high to very high legal ability'' by the Martindale-Hubbell legal rating service. Simon was called to the BC bar in 1993. Prior to joining the firm, he clerked for The Honourable Chief Justice McEachern and The Honourable Mr. Justice Cumming at the BC Court of Appeal.

Layne Hellrung is an associate at Fasken Martineau DuMoulin LLP in Vancouver. He practices in the area of civil litigation with a focus on commercial, real estate, and insolvency disputes.

Layne received law degrees from both the University of Ottawa and the University of Victoria. He was called to the Quebec bar in 2013 and to the BC bar in 2014.

Faculty
Jordanna Cytrynbaum — Whitelaw Twining Law Corporation, Vancouver
Wesley J. McMillan — Allen / McMillan Litigation Counsel, Vancouver
Sarah J. Nelligan — Dentons Canada LLP, Vancouver
Richard Olson — McKechnie & Company, Vancouver
Dan Parlow — Kornfeld LLP, Vancouver
Kimberley A. Robertson — Lawson Lundell LLP, Vancouver
Scott B. Twining — Twining, Short & Haakonson, Vancouver
Carey Veinotte — Taylor Veinotte Sullivan, Vancouver

Click here for full faculty bios »

Welcome and Land Acknowledgement

Simon R. Coval — Fasken Martineau DuMoulin LLP, Vancouver
Layne Hellrung — Fasken Martineau DuMoulin LLP, Vancouver

Litigating the Poorly Drafted Contract

the standard form contract of purchase and sale
subject clauses
ambiguity, inconsistency, and overlooked details
the lawyer's role
rules of interpretation
parol evidence
mistake and rectification
practice tips
actual contractual provisions
examples on how to manage things
get the file—figure out the end game early on
need judgment because courts can go either way
clause uncertain—how to fill in—find things in the factual matrix

Wesley J. McMillan — Allen / McMillan Litigation Counsel, Vancouver
Scott B. Twining — Twining, Short & Haakonson, Vancouver

Certificates of Pending Litigation and Specific Performance

CPL: do's and don'ts
specific performance: when available and strategic considerations

Jordanna Cytrynbaum — Whitelaw Twining Law Corporation, Vancouver
Carey Veinotte — Taylor Veinotte Sullivan, Vancouver

Break

Following the Money: Remedies in Real Estate Litigation

accounting and tracing
constructive trusts

Dan Parlow — Kornfeld LLP, Vancouver

Networking Lunch (Provided)

"Ready, Willing and Able": When the Seller Repudiates

must a purchaser show it was ready, willing and able at closing even though a vendor repudiates pre-closing?
must it show it is ready, willing and able at trial to get specific performance?
Norfolk v. Aikens and the subsequent cases

Simon R. Coval — Fasken Martineau DuMoulin LLP, Vancouver

Partition of Property Act Update

when the Act applies and when relief is available
dealing with trust property
co-ownership or management agreements

Layne Hellrung — Fasken Martineau DuMoulin LLP, Vancouver

The Enforceability of Positive Covenants

running with the land—an outdated concept?
principle versus precedent—which wins?
form versus function—dancing on a pinhead?

Richard Olson — McKechnie & Company, Vancouver

Break

Mortgage Law Update

Leatherman: mortgages and limitations
Forjay Management Ltd.: what does your mortgage actually secure?

Sarah J. Nelligan — Dentons Canada LLP, Vancouver
Kimberley A. Robertson — Lawson Lundell LLP, Vancouver

Real Estate Litigation: Questions and Answer Session

Simon R. Coval — Fasken Martineau DuMoulin LLP, Vancouver
Layne Hellrung — Fasken Martineau DuMoulin LLP, Vancouver

Closing Remarks

Simon R. Coval — Fasken Martineau DuMoulin LLP, Vancouver
Layne Hellrung — Fasken Martineau DuMoulin LLP, Vancouver

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Real Estate Litigation 2019

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